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Judgment
NIDHI GUPTA, J. (ORAL)
CM-13476-2026
Prayer in this application filed under Section 151 CPC is for revival of the main petition in view of order dated 16.04.2026 passed by the Hon’ble Supreme Court in Civil Appeal No. 1996 of 2024 titled as Madan Singh and others Vs. State of Haryana and others (Annexure A-1) and subsequent orders dated 30.07.2026 in Civil Appeal No. 2032 of 2024 tiled as Ran Singh and others vs. State of Haryana and others (Annexure A-2).
Notice of the application. Mr. Harish Kumar Nain, DAG, Haryana, accepts notice on behalf of the respondent-State and has pleaded ‘no objection’, in case, the present application is allowed.
Heard.
In view of the above and for the reasons mentioned in the application, the same is allowed; and the main case which was adjourned sine die by the Predecessor Bench vide order dated 14.02.2019 is revived and taken up for hearing today itself.
CWP-19569-2017 (O&M)
Present writ petition under Articles 226/227 of the Constitution of India has been filed by the petitioner for issuance of a direction to the respondents to regularize the service of the petitioner in terms of policies dated 18.06.2014 and 07.07.2014 (Annexure P-6 and P-7, respectively and also to grant all consequential benefits etc.
It is, inter alia, submitted by learned counsel for the petitioner that the petitioner was appointed as Patwari in the year 2006 and since then he is regularly working without any break and to the satisfaction of the respondents. As such, the petitioner is entitled for regularization in terms of policy decision dated 18.06.2014 (Annexure P-6). It is contended that the said policy has been upheld by the Hon’ble Supreme Court in its recent judgment dated 16.04.2026 (Annexure A-1) in Madan Singh’s case (supra). Learned counsel submits that the petitioner would be satisfied at this stage if the present petition is disposed of with a direction to the respondents to consider and decide the claim of the petitioner for regularization in a time bound manner, in view of law laid down by the Hon’ble Supreme Court in Madan Singh’s case (supra).
Learned counsel for respondent-State submits that he has ‘no objection’ in case, the prayer made by learned counsel for the petitioner at this stage, is accepted. It is also submitted by learned State counsel that the service tenure of the petitioner needs to be ascertained as to whether he has rendered continuous and satisfactory service to make him eligible for regularization.
It is pointed out by learned counsel for the State that the said issue came up for consideration before the Division Bench of this Court in LPA-1810-2025 titled as Aas Mohammad and others vs. State of Haryana and others, which was disposed of vide judgment dated 23.04.2026, relevant paras of which, read as under: -
“5.Today, when the matter is taken up, we are informed that the Hon'ble Supreme Court has finally decided the issue raised in the case of Yogesh Tyagi (supra) while considering a bunch of connected cases, vide judgment rendered in Madan Singh and others vs. State of Haryana, Civil Appeal No. 1996 of 2024, decided on 16.04.2026.
6.The judgment of the Hon'ble Supreme Court elaborately deals with the policy for regularization framed by the State of Haryana and keeping in view the principles laid down by the Constitutional Bench in Uma Devi (supra), the permissible course of action available for the State to regularize services of the employees has been elaborately specified.
7.Learned Advocate General, Haryana, makes a statement before the Court that if a liberty is granted to the State to examine the individual claim of each of the employee (either appellants or respondents herein), then separate orders would be passed in respect of each of such claim keeping in view the principles laid down by the Hon'ble Supreme Court in the case of Madan Singh (supra).
8.Although various submissions have been advanced on behalf of the respondents writ petitioners but we are not inclined to delve upon such arguments in view of the statement made by the learned Advocate General, Haryana, as per which, the claim of all employees would be accorded fresh consideration in the light of the judgment of the Hon'ble Supreme Court in the case of Madan Singh (supra).
9.In that view of the matter, all the appeals are disposed of with a direction upon the State of Haryana/its Bodies/Corporation/Nigam to accord fresh consideration to the claim of employees involved in this batch of cases by passing a speaking order in respect of their claim for regularization within a period of six months. The judgment of the learned Single Judge under appeal stands modified in the light of the principles laid down by the Hon'ble Supreme Court in the case of Madan Singh (supra). Till an appropriate order in respect of claim of each of the employees is passed, status quo as exists today would be maintained. It goes without saying that the claim of regularization based on policy of 2011 will also be accorded consideration keeping in view the principles laid down by the Hon'ble Supreme Court in the case of Madan Singh (supra) and the order impugned in the present batch of appeals/writ petitions would not come in the way of fresh consideration of the claim of employees for regularization.
10.In order to facilitate a fresh consideration of claim of the individual employee, we direct each employee to submit a comprehensive representation to the department along with a copy of this order within a period of two weeks from the date of receipt of certified copy of this order.
11.All pending misc. application(s), if any, also stand disposed of.”
It is prayed that the present writ petition be also disposed of in the above terms.
Learned counsel for the petitioner submits that he has ‘no objection’ to the same.
Accordingly without commenting on the merits of the case and with the consent of learned counsel for the parties, present Civil Writ Petition stands disposed of in terms of the above order dated 23.04.2026 passed in case of Aas Mohammad and others (supra); with a direction to the State of Haryana/concerned Department to accord fresh consideration to the claim of petitioner for regularization; and pass a speaking order thereupon within a period of 06 months from today, while keeping in mind the judgment dated 16.04.2026 passed by the Hon’ble Supreme Court in Madan Singh’s case (Supra).
Pending application(s) if any also stand(s) disposed of.